Claiming Citizenship Through Adoption

[muzicman82]

Hi all,

I am currently 29 years old and need to apply for a US Passport. I was born in Korea and adopted by two married US citizens at around 2 months old and have been in the US since.

When applying for my passport, will my US Birth Certificate work? Or, if I need Certificate of Citizenship, it appears I need to file an N-600 and pay $600 for a piece of paper to tell me I'm a citizen? That said, the N-600 instructions say they are for if you were under 18 on 2/26/2001, and I would have been already 18 at that date.

Birth Certificate has the names of both of my adoptive parents.

What is my best course of action? Can I file with just the birth certificate or will that surely be denied?

Advice appreciated.

[Jackolantern]

Before the Child Citizenship Act took effect in Feb. 2001, adoption by US citizens didn't automatically confer citizenship; the adoptive parents had to explicitly apply for their children's citizenship.

Your parents didn't do that (unless they did it and didn't tell you?), and you turned 18 before Feb 27, 2001 so you are not a US citizen and not eligible to file N-600. To become a citizen you will have to apply for citizenship using the usual N-400 process.

[muzicman82]

Before the Child Citizenship Act took effect in Feb. 2001, adoption by US citizens didn't automatically confer citizenship; the adoptive parents had to explicitly apply for their children's citizenship.

Your parents didn't do that (unless they did it and didn't tell you?), and you turned 18 before Feb 27, 2001 so you are not a US citizen and not eligible to file N-600. To become a citizen you will have to apply for citizenship using the usual N-400 process.

Hmm, I don't think they did... I think they assumed I was citizen by being adopted by them.

I've been through so many background checks and such over the years, why hasn't anything been flagged? I've been voting for 10 years, pay taxes, applied and went to college, and anytime I've applied for anything I've checked the box for being a citizen. No one has ever questioned it.

So what's the process for N-400?

[Jackolantern]

If you're lucky, maybe somewhere in the mountain of paperwork surrounding your adoption and immigration process, your citizenship application was filed and your parents don't remember because it was so long ago and everything was handled by lawyers. If that was done, there should be a citizenship certificate for you. Check with your parents, ask them to look for anything in your adoption paperwork that might prove your citizenship.

For info about the N-400, download the N-400 form and instructions, and also read the Guide To Naturalization.

Note that your N-400 will have complications because you voted, which is a deportable offense (unless it's a local election and you voted in a jurisdiction that allows legal noncitizens to vote). There is an exception for noncitizen voters who reasonably believed they had citizenship in certain circumstances, and you'll need to make use of it.

I strongly suggest consulting a lawyer before applying .... not necessarily to have the lawyer handle your process from end-to-end, which would cost thousands of dollars, but for a consultation to help you prepare your application to overcome this circumstance. Have them write a letter (to be included with your application) citing the relevant law or court precedent for the exception I mentioned, and they should advise you on what evidence you need to provide to support that you qualify for that exception, such as evidence of your parents' US citizenship. Also show the lawyer your adoption paperwork.

What did you use for proof of immigration status when applying for a driver's license or state ID? I presume you didn't renew your green card because you assumed you were a citizen.

[muzicman82]

I've never had or needed a green card in my life. When it came time to get my driver's license, I took my birth certificate and some other simple forms of ID/residence to the DMV and went through the process like every other US citizen. I checked the box for US citizen.

[baikal3]

I've never had or needed a green card in my life. When it came time to get my driver's license, I took my birth certificate and some other simple forms of ID/residence to the DMV and went through the process like every other US citizen. I checked the box for US citizen.

You really need to find ALL the documents related to your adoption and entry in the U.S. before you file any applications (passport, N-400 or whatever else). Also, as Jackolantern, talk to some immigration lawyers once you do find the relevant documents.

I don't know much about the adoption process as it is related to immigration, but my understanding is that, at least according to the current rules, if a foreign orphan enters the U.S. on an IR-3 or IH-3 visa, that orphan automatically becomes a U.S. citizen at the moment of entry. I think for IR-3/IH-3 visa the adoption must happen abroad and the adopted parents must see the child abroad before the adoption occurs.
As I understand it, those foreign orphans that enter on an IR-4/IH-4 visa automatically become permanent residents at the moment of entry in the U.S. Hopefully one of these two things happened in your case, although you'd need to find out what the relevant laws were at the time you were adopted.

See http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Hopefully, you have not actually been an illegal alien for the last 29 years...

[Jackolantern]

Maybe your parents filed what was necessary to give you citizenship, maybe they didn't. But you need to find a lawyer and show them all your immigration and adoption paperwork (and your birth certificate, of course) so they can figure out what your citizenship status is and what to do next, whether it is applying for N-600 or N-400 or neither.

[Jackolantern]

I don't know much about the adoption process as it is related to immigration, but my understanding is that, at least according to the current rules, if a foreign orphan enters the U.S. on an IR-3 or IH-3 visa, that orphan automatically becomes a U.S. citizen at the moment of entry.

The problem here is that it's not the current rules that apply. The rules before the Child Citizenship Act were different, and the OP will need to consult with a lawyer to figure it all out based on the old rules.

[muzicman82]

Thanks everyone for the input. I'll see what I can find out... or perhaps I could call the USCIS and ask?

I'll see what paperwork we have. I can say that the adoption agency was Holt International, so I imagine they handled everything until I got to the states. My parents never left the US to get me. Perhaps I could contact Holt and see what they know as well.

[Jackolantern]

Thanks everyone for the input. I'll see what I can find out... or perhaps I could call the USCIS and ask?

No. USCIS often gives incorrect answers when you ask them to clarify your status or eligibility. It's only when you actually apply for something that they'll do all the necessary procedures and research to give you an accurate determination (and even then they're sometimes wrong when it comes to the uncommon cases like yours). You are also potentially deportable due to voting, so avoid USCIS until you've consulted a lawyer.

I'll see what paperwork we have. I can say that the adoption agency was Holt International, so I imagine they handled everything until I got to the states. My parents never left the US to get me. Perhaps I could contact Holt and see what they know as well.

But don't rely on their answer. They could tell you "yes you're a citizen!" but they could be wrong if they can't point to a specific citizenship document issued in your name by the INS. Take whatever information or documents you get from them and show them to an immigration lawyer.

[cafeconleche]

I'd think you would first want to look through all your paperwork for a citizenship document. If you have that, then you're set, I suppose. If you can't find one, then contact the adoption agency, and consult a lawyer.